IN THE CASE OF:	

		BOARD DATE:	 27 October 2011

		DOCKET NUMBER:  AR20110010591


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Purple Heart. 

2.  The applicant states the omission of the Purple Heart from his DD Form 214 was the result of clerical error.

3.  The applicant provides an undated Purple Heart certificate.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 23 July 2002.  He completed training and was awarded military occupational specialty 11B (Infantryman).  

3.  On 30 April 2006, he was honorably released from active duty, in the rank/grade of corporal (CPL)/E-4, and was transferred to the U.S. Army Reserve. His DD Form 214 shows he completed 3 years, 9 months, and 8 days of net active service during this period of enlistment, including 1 year, 10 months, and  6 days of foreign service.

   a. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not indicate he was awarded the Purple Heart.
  
   b. Item 18 (Remarks) of his DD Form 214 indicates he was twice deployed in support of Operation Iraqi Freedom, serving in Kuwait and Iraq from 7 January 2003 through 23 November 2003, and from 22 January 2005 through 10 January 2006.

4.  His medical records are not available for review in this case.

5.  He provides a Purple Heart certificate, which is undated, does not include the date the wounds were incurred, and does not contain a corresponding permanent order number.
 
6.  In an email message, dated 24 October 2011, an official from the Army Casualty and Mortuary Affairs Branch, U.S. Army Human Resources Command (HRC), Fort Knox, KY, indicated there was no casualty report for an injury or wound resulting from enemy action recorded for the applicant.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show award of the Purple Heart was carefully considered; however, there is insufficient evidence to grant relief in this case.

2.  There is no evidence of record that the applicant was wounded or injured during the period of his deployment to Iraq.  Notwithstanding the applicant's submitted Purple Heart certificate, there is no permanent order number or date on the certificate.  Furthermore, HRC's Casualty and Mortuary Affairs Branch has no record of a casualty report pertaining to the applicant.   The Purple Heart certificate he submitted is, by itself, insufficient to justify granting the requested relief, as it does not contain a corresponding permanent order number.

3.  The decision of whether to award an individual the Purple Heart is made by the commander having award approval authority after ensuring that the individual met the criteria for this award.  In the absence of a completed, authenticated, and verified casualty report, or other evidence, which clearly shows the applicant suffered a wound or injury as a result of hostile action, that he was treated for this wound or injury, and that his treatment was made a matter of official records, there is insufficient to add the Purple Heart to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X___  ___X____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ___________X____________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20090001966



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ABCMR Record of Proceedings (cont)                                         AR20110010591



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